Bassett v Kernan

Filing 11

ORDER signed by Magistrate Judge Allison Claire on 1/4/2017 ORDERING petitioner shall have 14 days to file a response to the 6 motion to dismiss. Failure to respond will result in a recommendation that this action be dismissed for failure to prosecute. Respondent's reply, if any, shall be filed and served within 14 days after service of the response. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TAMARA NICOLE BASSETT,

12
13
14
15

No. 2:16-cv-2428 JAM AC P

Petitioner,
v.

ORDER

SCOTT M. KERNAN,
Respondent.

16
17

Petitioner, a state prisoner proceeding through counsel, has filed a petition for a writ of

18

habeas corpus pursuant to 28 U.S.C. § 2254. On November 28, 2016, respondent filed a motion

19

to dismiss which is set for hearing on February 15, 2017. ECF No. 6. Petitioner’s response was

20

due within thirty days of service. ECF No. 3. Thirty days have now passed and petitioner has yet

21

to respond to the motion.

22

Accordingly, IT IS HEREBY ORDERED that petitioner shall have fourteen days from the

23

filing of this order to file a response to the motion to dismiss. Failure to respond will result in a

24

recommendation that this action be dismissed for failure to prosecute. Respondent’s reply, if any,

25

shall be filed and served within fourteen days after service of the response.

26

DATED: January 4, 2017

27
28